French Appeal Court Increases Jail Time for Gisèle Pelicot Rapist

An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his incarceration period increased to a decade.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife after he had drugged her into a unconscious state.

We expect the panel will declare that in this society, human rights are also women’s rights – that permission is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his then wife and bringing in numerous individuals to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the single defendant to challenge his verdict. He was first given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly testify at the retrial, stated to the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to assert he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a timeframe of what authorities reported was several hours. The court official said she had been at danger of death by suffocation. The state's case said there was no question that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that lady.”

Pelicot's Words

The victim, who was cheered upon departing the trial each day by onlookers assembled to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, perhaps propelled by the societal understanding brought by the publication of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

Sie said to the defendant: “While you reject it, it’s not just a woman, it’s an entire unpleasant social system that you are endorsing.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a caretaker. The evidence indicated that his father was violent and that Dogan began smoking cannabis aged ten. When Dogan was 17 he was apprehended by police for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that each year he looked for commercial sex on his special day. His legal representatives stated to the court he had a medical condition caused by the pressure of the first trial.